Links and Minifeatures 2005 08 05 Friday

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First, be sure to check back here Monday morning for RINO Sightings carnival!



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Eric is begging for traffic to hit his 40k unique mark a little earlier. But he's got a couple actually worth reading so he doesn't really need to be begging. Scratch wherin he wonders how much support the elephants are going to get from the Libertarian/Independent wing of their coalition next time, and Finally about the subway searches in New York. I disagree with the latter post, but don't have the energy for more than a pocket refutation right now. It's still worth reading.



Pocket refutation: Traveling the New York Subway is not a right, much less using it with a backpack, and exposes all aboard to a certain degree of risk if those around you are not searched. There certainly is reasonable suspicion of intent on behalf of our enemies. Would you suggest that you could go into the White House, the Capitol, the Pentagon, without being cleared? What about airline travel, or is that somehow different, and if so, how? If there were no searches performed, could we not hold the subway liable for breaching a duty of care should there be any incidents? (Actually, with the token measures that are being taken, they're likely to be liable anyway.)



I like my privacy when we're talking about home and private property. But privacy in public spaces is a fallacious argument in the first place, and if you have read this book, you should understand the dangers of privacy. However much I enjoy my privacy, I have come to appreciate how much better off we would be with a right of public surveillance. Police Interrogation rooms? On webcam. Public offices? On webcam. Public spaces? On webcam. Anytime there's a crime in the area, access the webcams and find out who did what. Anytime you want to, look at any given webcam. You want to conceal something that happens in a public space? That requires a court order and legal witnesses.



Surveillance in public spaces is already here. We can call it evil, pretend socially that it doesn't exist, and refuse to benefit - and the rich or powerful or criminal use it anyway, and block it from being used on themselves. Or we can put it in our arsenal as well. Given a choice, I'd rather the latter.



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Combs Spouts Off has an excellent critique of the special election in Ohio.



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Louisiana Libertarian has another reason the Libertarian party shouldn't be taken seriously.



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Watchful Investor disagrees with me on the 30 year bond. Seems our disagreement is the assumption of long term inflation. I don't think we're going to see huge inflation numbers, he fears that we are. Whatever happens, though, it's not going to happen all at once. Of course you can get hit big if the government does something severely inflationary, but there is a market for Treasuries. You can always sell. Of course, the government would still have the money locked at a low figure for 30 years, but unless you completely ignore the market or are king of the wishful thinkers you can sell if things start looking less than solid. Of course, you might get less than the cost of the bond, but that's the risk you take when you buy it.



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Libercontrarian has more about the Zetas. Scary.





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Listed below are links to blogs that reference this entry: Links and Minifeatures 2005 08 05 Friday.

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» A Response to Dan Melson: My Right to Property from Eric's Grumbles Before The Grave

Dan Melson has an interesting take on my view that the NYC subway searches are unconstitutional. First, let me post the key excerpt from his refutation of my original post. Travelling the New York Subway is not a right, much... Read More

» Up In Arms from Eric's Grumbles Before The Grave

Well, Mayor Bloomberg's subway searches have really got folks up in arms. And the division over this is fairly dramatic. Even here, in a group that is quite liberty oriented, there are some strong divisions among people. So, I thought... Read More

2 Comments

Eric said:

Dan, my argument is not rooted in a "right to privacy", rather it is rooted in the combination of the unreasonable search and seizure, lack of a warrant and complete ineffectiveness of the strategy. By the way, my opinion is the same with regard to any other public facility. The same goes for the searches prior to entering an airport terminal. IF it was not mandated by the government and was, instead, a requirement of the airline, it would be different. It would be voluntary and a private contract between customer and airline.

Dan Melson said:

Eric, the "unreasonable search and seizure" is rooted, albeit not explicitly, in privacy, as is lack of a warrant. The complete ineffectiveness of the strategy as enacted is a separate issue. That the strategy is an ineffective token, and as such, basically an excuse to hassle your average citizen is a valid reason to oppose it. That it is unconstitutional under the Fourth Amendment, or as a violation of privacy, is incorrect and at best an easy excuse to harrass the government. My right not to be killed or wounded in a public conveyance trumps your right to keep explosives in your backpack, or to keep items of whatever nature private in your backpack, and one has no reasonable expectation of privacy in a public conveyance.

The problem is that opposing it on grounds of being ineffective harrassment is legally difficult at best, and while I'm no lawyer, I believe precedents are few on the ground and go mostly the other way (Just because it's not perfect doesn't mean you can't do anything). Fourth Amendment is legally easy and you might just win via judicial fiat. Harder but the correct response would be to get the public on board for a campaign to either get rid of it or make it effective. But that's not in the ACLU playbook anymore, and not in accordance with their not-so-hidden agenda.

Please be civil. Avoid profanity - I will delete the vast majority of it, usually by deleting the entire comment. To avoid comment spam, a comments account is required. They are freely available, and you can post comments immediately. Alternatively, you may use your Type Key registration, or sign up for one (They work at most Movable Type sites) All comments made are licensed to the site, but the fact that a comment has been allowed to remain should not be taken as an endorsement from me or the site. There is no point in attempting to foster discussion if only my own viewpoint is to be permitted. If you believe you see something damaging to you or some third party, I will most likely delete it upon request.
Logical failures (straw man, ad hominem, red herring, etcetera) will be pointed out - and I hope you'll point out any such errors I make as well. If there's something you don't understand, ask.
Nonetheless, the idea of comments should be constructive. Aim them at the issue, not the individual. Consider it a challenge to make your criticism constructive. Try to be respectful. Those who make a habit of trollish behavior will be banned.

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About this Entry

This page contains a single entry by Dan Melson published on August 5, 2005 9:01 PM.

Illegal Immigrants in the Border Patrol was the previous entry in this blog.

Privacy and Subway Searches is the next entry in this blog.

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